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Home My WebLink About2009-068RESOLUTION 2009-068 A RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, DECLARING A REASONABLE NECESSITY TO ACQUIRE CERTAIN REAL PROPERTY FOR THE PURPOSES OF IMPROVING AND RECONSTRUCTING 66T" AVENUE, INCLUDING SIDE STREET, INTERSECTION, SIDEWALK AND WATER RETENTION POND IMPROVEMENTS; AUTHORIZING THE COUNTY ATTORNEY TO ACQUIRE THE ATTACHED PROPERTIES BY THE INSTITUTION OF PROCEEDINGS IN EMINENT DOMAIN, AND PROVIDING AN EFFECTIVE DATE. WHEREAS Indian River County is one of the fastest growing counties within the State of Florida; and WHEREAS the continued growth in Indian River County has greatly increased the vehicular traffic within the County Roadway Network; and WHEREAS the increased traffic has greatly impacted the traffic flow on north/south arterial roadways within the County's roadway network; and WHEREAS there is a great need to relieve congestion on U.S. Highway 1 and other arterial north/south roadways within the transportation network in southern Indian River County by widening and reconstructing 66`x' Avenue. WHEREAS the Indian River County Long Range Transportation Plan includes the planned construction of 66`h Avenue as a major north/south arterial roadway. WHEREAS the Board of County Commissioners of Indian River County, having considered information provided by the County Public Works Director has determined that it is necessary and in the public interest to acquire fee simple title in the real property identified as Parcel 135 and more particularly described in Composite Exhibit "A" for the improvement and the reconstruction of 66`x' Avenue; and WHEREAS the Board of County Commissioners of Indian River County, Florida is authorized pursuant to Chapter 127, Florida Statutes, to acquire property by eminent domain for County purposes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY as follows: SECTION 1. The Board of County Commissioners adopts and ratifies those matters identified and set forth in the foregoing recitals. RESOLUTION 2009- 068 SECTION 2. Indian River County finds it necessary and in the public interest to acquire the real property described in Composite Exhibit "A", attached hereto and incorporated herein by reference, for the purpose of improving and reconstructing 66`h Avenue, including Side Street, Intersection, Sidewalk and Water Retention Pond Improvements in order to provide for the health, safety and welfare of the growing population of Indian River County. SECTION 3. The County Administrator, County Attorney and outside eminent domain counsel are hereby authorized and directed to immediately proceed to take the necessary steps for Indian River County to acquire in its own name, by donation, purchase or eminent domain proceedings, the real property described in Composite Exhibit "A", in the estate or interest as identified therein, and to have prepared in the name of Indian River County, all papers, pleadings, and other instruments required for this purpose, to file a Declaration of Taking upon the filing of any such Eminent Domain action and to ensure any eminent domain proceedings which may be filed pursuant to Florida Statute Chapters 73, 74, and 127 are prosecuted through Final Judgment. SECTION 4. The Board of County Commissioners of Indian River County, through the power of eminent domain conferred by Chapters 73, 74 and 127, Florida Statutes and all other statutory or common law granting the County the power to institute and proceed to acquire property utilizing the power of eminent domain, further hereby authorizes and directs the County Attorney for Indian River County, outside eminent domain counsel, and any other County employees or agents to take such further actions as are reasonably required to accomplish the purposes identified herein. SECTION 6. This resolution shall take effect immediately upon its adoption. This resolution was moved for adoption by Commissioner 0' Bryan > and the motion was seconded by Commissioner upon being put to a vote, the vote was as follows: Chairman Wesley S. Davis AYE Vice Chairman Joseph E. Flescher AYE Commissioner Peter D. O'Bryan AYE Commissioner Bob Solari AYE Commissioner Gary C. Wheeler AYE The Chairman thereupon declared the resolution duly passed and adopted this 12th day of May, 2009. F) and, RESOLUTION 2009- 068 Attest: J. K. Barton, Clerk By �--�c"`e- (20,U -- Deputy Clerk Approved as to form and legal Sufficiency &Z-- 14 W William K. DeBraal Deputy County Attorney INDIAN RIVER COUNTY, FLORIDA 44Z::7 BCC Approved: May 12, 2009 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LOCATION MAP: NOT TO SCALE LEGAL DESCRIPTION: PARCEL 135 COMPOSITE EXHIBIT "A" OWNERS: EVANGELOS ABAZIS AND ANN ABAZIS A PARCEL OF LAND BEING THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THE SOUTH SIX AND TWO-THIRDS (6 2/3) ACRES OF THE WEST 10 ACRES OF THE EAST 20 ACRES OF TRACT 7, INDIAN RIVER FARMS COMPANY PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0.381 ACRES, MORE OR LESS. SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 937, PAGE 687, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFOR"PURPOSES OVLY AND IS NOT VALID. F'tRRY fZ WHITE PRQYf§SIONAL LAND SURVEYOR AND MAPPER LICENSE NO. 4213, STATE OF FLORIDA DATE: 03/27/07 ARCADIS ARCADIS U.S., INC. 2061 Vista Parkway Tel: (564) 6977000 Fax: (561) 6977751 D West Palm Beach, Florida 33411 wwwarcadisus.com NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. ADDITIONAL R/W SHEET 1 OF 2 = 80, JAF WP001053 11053SD135 ,_ ll:lil Id illi • , I �I LEGAL DESCRIPTION: PARCEL 135 COMPOSITE EXHIBIT "A" OWNERS: EVANGELOS ABAZIS AND ANN ABAZIS A PARCEL OF LAND BEING THE NORTH 50.00 FEET OF THE SOUTH 80.00 FEET OF THE SOUTH SIX AND TWO-THIRDS (6 2/3) ACRES OF THE WEST 10 ACRES OF THE EAST 20 ACRES OF TRACT 7, INDIAN RIVER FARMS COMPANY PLAT OF LANDS, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 25, PUBLIC RECORDS, SAINT LUCIE COUNTY, FLORIDA, ALL SAID LANDS LYING WITHIN SECTION 18, TOWNSHIP 32 SOUTH, RANGE 39 EAST, INDIAN RIVER COUNTY, FLORIDA. CONTAINING 0.381 ACRES, MORE OR LESS. SAID PARCEL OF LAND LYING WITHIN THOSE LANDS AS DESCRIBED IN OFFICIAL RECORDS BOOK 937, PAGE 687, PUBLIC RECORDS, INDIAN RIVER COUNTY, FLORIDA. CERTIFICATION: I HEREBY CERTIFY THAT THE DESCRIPTION AND ATTACHED SKETCH OF DESCRIPTION WERE PREPARED IN ACCORDANCE WITH THE SURVEYING STANDARDS, CHAPTER 61G17-6, FLORIDA ADMINISTRATIVE CODE, AS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYORS & MAPPERS, PURSUANT TO SECTION 472.027, FLORIDA STATUTES, AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF. UNLESS IT BEARS THE SIGNATURE AND THE ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER, THIS LEGAL DESCRIPTION AND SKETCH IS FOR INFOR"PURPOSES OVLY AND IS NOT VALID. F'tRRY fZ WHITE PRQYf§SIONAL LAND SURVEYOR AND MAPPER LICENSE NO. 4213, STATE OF FLORIDA DATE: 03/27/07 ARCADIS ARCADIS U.S., INC. 2061 Vista Parkway Tel: (564) 6977000 Fax: (561) 6977751 D West Palm Beach, Florida 33411 wwwarcadisus.com NOTE: THIS IS NOT A SKETCH OF SURVEY, BUT ONLY A GRAPHIC DEPICTION OF THE DESCRIPTION SHOWN HEREON. THERE HAS BEEN NO FIELD WORK, VIEWING OF THE SUBJECT PROPERTY, OR MONUMENTS SET IN CONNECTION WITH THE PREPARATION OF THE INFORMATION SHOWN HEREON. NOTE: LANDS SHOWN HEREON WERE NOT ABSTRACTED FOR RESTRICTIONS, RIGHTS-OF-WAY AND EASEMENTS OF RECORD. ADDITIONAL R/W SHEET 1 OF 2 = 80, JAF WP001053 11053SD135 SKETCH TO ACCOMPANY DESCRIPTION. THIS IS NOT A SURVEY! LEGEND: Id. - BASELINE IRFC - INDIAN RIVER FARMS COMPANY L - LEFT O.R.B. - OFFICIAL RECORDS BOOK P.B. - PLAT BOOK PG. - PAGE R - RIGHT R/W - RIGHT-OF-WAY STA. - STATION S.L.C.R. - ST. LUCIE COUNTY RECORDS I EAST 20 ACRES OF TRACT 7 WEST 10 ACRES OF THE EAST 20 ACRES OF TRACT 7 A PORTION OF TRACT 7, IRFC I P.B. 2, PG. 25 I ADDRESS: 6880 57th STREET VERO BEACH, FL., 32967 PID -32391800001007000002.1 O.R.B. 937, PG. 687 I 31: I A PORTION OF TRACT 7, IRFC P.B. 2, PG. 25 I I I a I d' I O C -4o I p O I zL I I JN 6 rb J U 1'01"w/ 57th, I STREET _ � 332.24' M EQ OF SURVEY o 60' SUB -LATERAL "A-10" CANAL INDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.L.C.R. SOUTH LINE OF STA: 486+34.46 TRACT 7 OFFSET: 14.00 R p"RARCADIS ARCADIS U.S., INC. !3 2081 Vista Parkway Tel: (561) 6977000 Fax. (561) 697-7751 West Palm Beach, Florida 33411 www.arcadis�us.wm w^ I Z U J Q �� A PORTION OF TRACT 7, IRFC P.B. 2, PG. 25 331.80' STA: 489+65.61 OFFSET: 36.00 L I S00'12'04"W 50.00' i 490+00 134 I 30' EASEMENT D.B. 48, PG. 23 STA: 489+66.69 OFFSET: 14.00 R OWNERS; STA: 486+33.77 EVANGELOS OFFSET: 36.00 L ANN ABAZIS Pnirrr 1—Uup-110i E,°AR1MENT MARACER SCALE O 3CW PCW oE PCW HEEf W DATE: DRAWN BY S89'01'01 "E 331.83' ,„:G ADDITIONAL R/W 487+00 135 4884 -no APO, A( 1'01"w/ 57th, I STREET _ � 332.24' M EQ OF SURVEY o 60' SUB -LATERAL "A-10" CANAL INDIAN RIVER FARMS CO. PLAT OF LANDS P.B. 2, PG. 25, S.L.C.R. SOUTH LINE OF STA: 486+34.46 TRACT 7 OFFSET: 14.00 R p"RARCADIS ARCADIS U.S., INC. !3 2081 Vista Parkway Tel: (561) 6977000 Fax. (561) 697-7751 West Palm Beach, Florida 33411 www.arcadis�us.wm w^ I Z U J Q �� A PORTION OF TRACT 7, IRFC P.B. 2, PG. 25 331.80' STA: 489+65.61 OFFSET: 36.00 L I S00'12'04"W 50.00' i 490+00 134 I 30' EASEMENT D.B. 48, PG. 23 STA: 489+66.69 OFFSET: 14.00 R OWNERS; EVANGELOS ABAZIS AND ANN ABAZIS Pnirrr 1—Uup-110i E,°AR1MENT MARACER SCALE CHECKED B'i 3CW PCW 1' = 80' PCW HEEf W DATE: DRAWN BY 03; 27; 07 ,„:G ADDITIONAL R/W PROJECT NUA BER DRAWING NUMBER WID 1053 1053SD135 SHEEP 2 OF 2